1216 (22) LICENSING ACT 2003 – APPLICATION FOR THE VARIATION OF A PREMISES LICENCE AT SCUNNY MINI MARKET, 15 FERRY ROAD, SCUNTHORPE – The Director of Places submitted a report advising members of an application for the variation of a premises licence at Scunny Mini Market, 15 Ferry Road, Scunthorpe.

Details of the application were outlined in the report, together with the application for variation of the premises licence, a plan of the premises, a location map, correspondence received from the Environmental Health (Commercial) department and Licensing Authority at North Lincolnshire Council, a letter from Humberside Fire and Rescue Service, four letters received from Interested Persons and a petition against the application.

In addition, the sub-committee received a further statement from an Interested Person who was unable to attend the hearing, supporting papers submitted by the applicants representative and a map submitted by Environmental Health (Commercial) following receipt of these documents with various parties counter notices.

The Director in his report reminded the sub-committee that the options available to it under the Licensing Act 2003 when considering such applications were:

To refuse to vary the licence
To vary the licence with additional conditions
To vary the licence without additional conditions
To vary the licence but restrict the licensable activities
To vary the licence with restricted times

The sub-committee received a request from the Applicant’s Representative to vary the procedure for the hearing. Mrs Sherratt requested that there be an extension to thirty minutes for each party to present their evidence and call witnesses. This would allow each party to present their case fully.

There was also a request to allow cross-examination.

The Chairman invited the council’s legal representative to comment on the request to vary the procedure.

The council’s legal representative informed the meeting that variation of the procedure was at the sub-committee’s discretion and any decision should be based upon whether or not the variation would further assist the sub-committee in reaching a decision.

It was unanimously agreed that cross-examination be allowed and that each party have a maximum of thirty minutes to present their case.

Consequently, the meeting proceeded.

The applicant’s representative, an officer from Environmental Health (Commercial) and two Interested Persons addressed the sub-committee and responded to questions.

Following the summary of the case of the applicant, Responsible Authorities and the Interested Persons, the meeting was adjourned for deliberation by members and then reconvened when the decision of the sub-committee was stated as follows: –

Resolved – That the application as applied for be granted. It had therefore agreed to –

The addition of On Sales between 06:00 and 23:00 daily – Cafe only
The convenience store counter will provide Off Sales and late Night refreshment
The cafe counters will provide the provision of On and Off sales
The cafe area and garden are designated areas for drinking on the premises
A personal licence holder will be on site between midnight and 06:00 each day
An alarm with panic buttons will be installed
A clearly visible notice will be on display asking customers to respect the neighbours when leaving the premises
The cafe area will be closed and sectioned off between 23:00 and 06:00 each day
All staff will be trained in their responsibilities under the Licensing Act 2003 before making sales of alcohol. The training will be documented and will be made available to the police and authorised officers of the council upon reasonable request.

The sub committee also agreed to the changes to the current licence, namely –

Off sales – 24 hours a day
Late Night refreshment from 23:00hours to 05:00 hours

In addition, the sub committee had imposed the following condition –

That the entire outside area, referred to as ‘beer garden area’ at Appendix C of the agenda bundle, be open to the public from 06:00 hours, and closed to the public at 18:00 hours, 7 days a week.

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder

No

Public Safety

No

The Prevention of Public Nuisance

Yes

The Protection of Children from Harm

No

Reason

The reason for this condition was to protect the amenities of local residents.